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NIGERIAN POSTAL SERVICE V. EMAYAK MENDIE

(2011) JELR 52733 (CA)

Court of Appeal  •  CA/C/36/2008  •  16 May 2011  •  Nigeria

Coram
KUMAI B. AKAAHS JCA (Presided and Read the Lead Judgment) MASSOUD ABDULRAHMAN OREDOLA JCA ISAIAH OLUFEMI AKEJU JCA

Judgement

AKAAHS JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Olotu, J. of the Federal High Court, Uyo, delivered on 24 October 2007. The plaintiff, now respondent, was employed by the Post and Telecommunication Department which later metamorphosed into Nigerian Postal Services as a driver/mechanic on 13 February 1980 on grade level 04. The letter of employment was admitted in evidence as exhibit ‘A’. He rose to the position of senior works assistant on grade level 07 with effect from 1 August 1993. The letter of promotion wasput in evidence as exhibit ‘B’. On 13 March 1996, the plaintiff was issued with a query, exhibit “C”. The substance of the query was that he caused the defendant’s Mercedez Benz Lorry with registration No. 5 FGN 26 under his control to knock engine while on official engagement in Lagos.

He was alleged to have had an accident with a live animal and he concealedthe accident from the TSO who travelled with him. The plaintiff replied the query…

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